Sign In
    Wisconsin Lawyer
    April 01, 1997

    Wisconsin Lawyer April 1997: F.Y.I.

    F.Y.I.

    New Public Interest Law Committee Defines Purpose

    The State Bar's newly formed Public Interest Law Committee hopes to attract lawyers from nonprofit, public-interest law firms, legal services and advocacy organizations involved in delivering legal services and advocacy on behalf of unrepresented and under-represented groups and issues. The new committee:

    • provides a forum for public interest lawyers to discuss and promote public interest issues and concerns;
    • encourages and strengthens the interest and participation of State Bar members in providing public interest services ; and
    • advances the visibility and viability of public interest law.

    For more information, contact Jennifer Kersten at the State Bar.

    Streamlined HT-110 Form Brings Changes

    A recent ruling by the corporation counsels of Kenosha, Brown and Dane counties limits the use of the Termination of Decedent's Interest form, also known as HT-110, in joint tenancy cases.

    Local registers of deeds allowed the form to be used for both joint tenancy relationships and survivorship marital property until a recent challenge by a group of attorneys led to the corporation counsels, rulings. They ruled that state law is very specific, pointing out that the provision for this form's use is found only in Wisconsin Statute section 867.046 and not 867.045, which covers joint tenancy.

    An interested party, such as an attorney or estate administrator, may sign on behalf of a deceased person only when the relationship is survivorship marital property, according to the ruling. The interested party must wait at least 90 days after a person's death before recording the HT-110 form. If the real estate is held in joint tenancy and the second spouse died before signing the form, the remaining person must seek assistance from probate court.

    This rare situation only occurs when both a husband and wife die together or when a surviving spouse dies before filing the HT-110 form, according to Jane Licht, Dane County Register of Deeds and president of the Wisconsin Register of Deeds Association.

    The streamlined revision of HT-110 eliminates much of the written explanation from the front of the document, including references to marital property agreements, since copies are not required by law.

    Most of the form's written instructions are now printed on the back. Because of that change and a lengthening of the form from 11 inches to 14, Licht advises attorneys to copy both sides of the document for their clients and to mail rather than fax copies. The enlarged form offers more space for listing multiple parcels of real estate and addresses.

    The Register of Deeds Association could make additional minor changes in the form as early as this spring. Registers of deeds are using up their stocks of the old forms but can provide the new form upon request. More information about the ruling and change in forms is available from Licht at (608) 266-4141.

    Appeal Requires Notifying the State

    The Wisconsin Department of Workforce Development reminds attorneys that Wisconsin Statute section 767.15(2) requires anyone initiating an appeal of any action affecting a family in which support or maintenance is an issue to notify the department, formerly known as the Department of Industry Labor and Job Development.

    The Child Support Program, formerly located in the Department of Health and Social Service, has moved to the newly named Department of Workforce Development. More information is available from attorney Connie Chesnik at (608) 267-7295.

    Send Copies of Motions to Special Procedures Unit

    Bankruptcy practitioners must serve copies of motions for authority to use cash collateral in bankruptcy proceedings, as well as other bankruptcy notices, on the Wisconsin Department of Revenue, Special Procedures Unit, P.O. Box 8902, Madison, WI 53707


Join the conversation! Log in to comment.

News & Pubs Search

-
Format: MM/DD/YYYY